Murder defendant De'Marquise Elkins' sister Sabrina will not be tried in Marietta with him and their mother, judge rules

BRUNSWICK | De’Marquise Elkins, 18, and his mother, Karimah, are the only ones of four family members who will be tried in Marietta beginning Aug. 19 in the March 21 shooting death of 13-month-old Antonio Santiago and wounding of his mother, Sherry West.

Police say the toddler was shot in the face as he sat in a stroller after two boys first tried to take his mother’s purse. One of them shot West in the leg and the pair ran away, police said.

Superior Court Judge Stephen Kelley ruled Thursday that De’Marquise Elkins’ older sister, Sabrina, had the right to be tried in Glynn County, where she is charged with disposing of a revolver that police say was used the shootings. Her appointed lawyer, W. Frank Aspinwall, had never filed a motion for a change of venue and told Kelley Thursday that Sabrina Elkins did not want her trial moved.

“Your trial will be tried in Glynn County’’ sometime this fall, Kelley said.

Karimah Elkins’ lawyer, J. Wrix McIlvaine, said she wants her trial outside Glynn County. He had argued last week that defendants had a right to be tried in the county where they are charged and Kelley agreed, but McIlvaine said he wanted to discuss it further with Karimah Elkins before she made a final decision.

“She believes she will have the best [opportunity] for a fair and impartial verdict up in Cobb County,’’ McIlvaine said Thursday.

Thursday’s rulings means there will be four separate trials in the shootings and subsequent events.

De’Marquise Elkins’ aunt, Katrina Elkins, had already won the right to be tried separately on a charge that she lied to police by giving a false alibi for him. His mother is also charged with providing a false alibi and with throwing the gun in a pond.

Dominque Lang, 15, who is accused of being with De’Marquise during the fatal shooting of Antonio and the attempted robbery and wounding of West, was granted a separate trial long ago. He is expected to go to Marietta, however, as a prosecution witness.

After his rulings on the venues, Kelley wanted to make sure that Sabrina Elkins understood her rights. Because she is indigent, the state would have to pay the expenses of getting her to Marietta for the trial, Kelley explained.

“I want to make sure your decision wasn’t based on your indigency,’’ he said.

“No sir, your honor,’’ Sabrina Elkins said.

Public Defender Kevin Gough also asked Kelley to rule on a motion he filed this week to have police investigate the crime scene around the sidewalk in Brunswick’s South End where Antonio was killed.

“We filed a motion to get the police back out to the crime scene and finish their investigation,’’ he argued.

Gough said police had more resources to probe the aging storm sewer system for another weapon and ammunition that someone other than his client may have thrown into a storm drain.

District Attorney Jackie Johnson said the investigation is complete.

“The police conducted a very thorough investigation in this case,’’ she said.

All the evidence gathered has been in the hands of the defense since June, Johnson said.

Kelley denied Gough’s motion.

“The court has no authority to tell the district attorney or police how to investigate a case,’’ Kelley said.